DELHI HIGH COURT
CHANDRA DHARI SINGH
Mahesh Kapoor – Appellant
Versus
Lt. Governor of Delhi – Respondent
JUDGMENT
Chandra Dhari Singh, J. The instant petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking a writ, order or direction in the nature of certiorari for quashing and setting aside letter No. 396 issued by the respondent dated on 20th March 2007 rejecting the representation of the petitioner for conversion of his premises from leasehold to freehold.
FACTUAL MATRIX
2. A brief background of the case which has led to the filing of the instant petition is delineated hereafter:
I. The petitioner is the owner of premises bearing Plot No. 133, Functional Industrial Estate, Patparganj, Delhi which was allotted/leased out to M/s Jeps Pharma (P) Ltd. (hereinafter "the lessee") vide Perpetual Lease Deed dated 28th January 1993 through its Director, Jatinder Singh Kohli and Rakesh Bajaj. The petitioner is also the General Power of Attorney holder (hereinafter "GPA") for the lessee. The lease for the premises in question was cancelled by the order of the respondent no. 1/Lt. Governor of Delhi, under which the respondent no. 2 functions.
II. By an ex-parte order dated 27th May 1998, with corrigendum dated 30th June 1998, of the r
Under the Scheme for conversion from leasehold to freehold, applications cannot be processed if the lease is cancelled and litigation regarding the property title is pending.
The court emphasized the importance of upholding lease terms and the inapplicability of conversion schemes to terminated leases.
The court emphasized the significance of upholding the terms of the Lease Deed, the impact of termination of the Lease Deed, and the applicability of the Conversion Scheme in determining the rejectio....
Writ jurisdiction under Articles 226 and 227 is limited to reviewing the legality of process rather than re-evaluating facts. Eviction upheld for breaches of lease conditions.
High Courts' jurisdiction under Articles 226 and 227 requires proving gross illegality or irregularity for intervention; cancellation of lease upheld based on violations of lease conditions.
The court ruled that a petitioner cannot claim restoration of a lease after eviction, as the lease determination extinguishes any legal rights to the property.
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
The failure of the DDA to process the property conversion request due to unsubstantiated claims of fraud and lack of documentation violates the respondent's rights.
There is a right in favour of a co-owner to perfect his title in respect of a property jointly owned by him and therefore, seek conversion from leasehold to freehold and nutation of the property.
Violation of terms and conditions of the license and the prohibition of having more than one plot in one's name influenced the court's decision.
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